Real Estate

Barton is home to a full-service real estate group responsible for handling multi-million dollar matters and projects throughout the five boroughs and beyond.

We cater to a multitude of clients with varying stakes and interests in real estate, including sponsor-developers, co-op corporations, condominiums, property management and brokerage firms, private lenders, corporate tenants, retailers, and real estate investors.

We regularly advise clients on tax preferred transactions in real estate such as IRC 1031 Like-Kind Exchanges, Qualified Opportunity Zones, and tax abatements. Our attorneys also frequently advise and negotiate leases, the purchase and sale of commercial properties, financing loans, restructuring of debt, mortgages, and investment opportunities. We work closely with clients on the evolving compliance requirements associated with the storage, transmittal and minimization of client data that is acquired and controlled by property management companies, owners, and real estate brokerages.

In the midst of a fluctuating market, Barton maintains its status as a reliable legal ally to clients involved in the real estate industry. Whether our clients are operating on a single-property scale or are dealing with multi-million-dollar portfolios, we offer the same individualized service and comprehensive attention to detail.

Work in this Area

Real Estate

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  • Crafted Solution for Mexican Citizen Facing FIRPTA Regulations
    • Represented a prominent artist and Mexican citizen in connection with the tax issues surrounding a Florida property sale and a New York property purchase that required reconciliation of the competing concerns of a 1031 Like-Kind Exchange and the Foreign Investment in Real Property Tax Act (FIRPTA). Successfully crafted a solution that remained compliant under both laws and designed a precedent-setting escrow structure with a national 1031 Qualified Intermediary to complete the exchange with $0 tax withholding and liability for the client.
  • Counsel to Real Estate Management Co.’s on Data Security
    • Providing ongoing counsel to real estate property management and brokerage companies on best practices regarding real estate data security. Reorganized the companies’ data intake and reengineered their data delivery processes to ensure the confidentiality of clients’ private information.
  • Represented Condominiums on Unique Financing Matters
    • Represented condominiums on unique financing matters including the securing of debt for the condominium association for capital improvements and taking out condominium Sponsor debt on Superintendent units owned by the condominium.
  • Provided Counsel Regarding Qualified Opportunity Zones, Tax Preferred Real Estate
    • Provided counsel regarding the formation, investment in, and compliance with Qualified Opportunity Zones for tax preferred real estate investing and development.
  • Guided Real Estate Investor Through Audit by NY Dept. of Tax and Finance
    • Successfully represented a commercial real estate investor and prevailed over an audit from the Department of Taxation and Finance of the State of New York. Won the case by citing the inapplicability of the Mansion Tax on condo hotels, maintaining and arguing that the Mansion Tax was applicable only on residential properties. As a secondary argument, successfully asserted that the imposition of the commercial tax rate by the NYC Department of Finance precluded the NYS Department of Taxation of Finance from imposing the additional tax.
  • Represented Real Estate Consortium Prosecuting Negligence Claims
    • Represented a real estate consortium in the prosecution of negligence claims against a major bank, obtaining favorable interpretation of UCC provisions on summary judgment motion, leading to a multi-million-dollar settlement by the bank.
  • Counsel to Purchaser and Seller of One Times Square
    • Represented and served as counsel to the purchaser and eventual seller of One Times Square, New York City, New York—the building on which the New Year’s ball drops each year.
  • Assisted Worldwide Retailer in Opening of NYC Flagship Store
    • Represented a worldwide retailer in the opening of its New York City – Madison Avenue flagship store that opened in the recent past. Assisted multiple clients with their retail flagship, avenue, and outlet leases.
  • Served as Bond Counsel to NYC Real Estate Developer
    • Represented and served as bond counsel to a New York City real estate developer, advising on municipal bond financing on new residential building projects.
  • Co-Created “Good Guy Guaranty” Provision
    • Co-created the “Good Guy Guaranty” which ensures that tenants will meet rent obligations or will vacate the premises if unable to do so.
  • Represented Borrower on Mortgage-Backed Securities Transaction
    • Represented a borrower on what was the initial mortgage-backed securities transaction in the United States. Subsequently represented another borrower on a securitized commercial mortgage loan in what became part of the first “pooled” certificate in the United States following the 2007-2008 recession.